CEU Electronic Theses and Dissertations, 2017
| Author | Matejasakova, Lenka |
|---|---|
| Title | Double identity trademark problem: a comparative analysis of the european union and united states law and case law |
| Summary | The goal of this thesis is to examine the grounds on which two trademarks of different trademark owners are considered identical. Generally, the situation when the two trademarks are identical as regards their expression and the goods and services in connection with these are registered or used is called as the „double identity“ trademark problem. Every legitimate trademark owner shall try to avoid this situation in order to protect the functions of their trademark. These functions are discussed in the thesis as well. Having known these grounds is important for legitimate trademark owner to bring infringement and also they can serve as guidelines for those who have to defend their rights before the public authority or the court. Firstly, I discussed the provisions as regards the double identity trademark problem the in the international treaties, which were signed by the EU Member States and the US. Then, I examined legislation, case law and doctrinal debate as regards double identity trademark problem in the EU and the US jurisdiction individually. Finally, I compared the approach to the most problematic issues founded in both jurisdictions. I used the comparative analysis of the EU and the US jurisdiction because of their different legal history, offering unique approaches how to deal with the double identity trademark problem. |
| Supervisor | Caterina Sganga, LL.M., Ph.D. |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2017/matejasakova_lenka.pdf |
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